RELIEF " DEFERRED ACTION " EXPUNGEMENTS
DHS has stated that individuals with expunged convictions did not categorically fall outside the enforcement priorities. Rather, ICE has internal guidance that instructs them to weigh the expungement in determining whether to exercise prosecutorial discretion. ICE officers have the ability to implement this guidance in such a way where an individuals expunged conviction would not make them an enforcement priority. This determination is made on a case-by-case basis.
INADMISSIBILITY " PROSTITUTION " SOLICITING A SINGLE ACT FOR ONESELF
Matter of Gonzalez, 24 I&N Dec. 549 (BIA 2008) (a single act of soliciting an act of prostitution on ones own behalf does not fall within INA 212(a)(2)(D)(ii), 8 U.S.C. 1182(a)(2)(D)(ii), where this case involved a disorderly conduct conviction relating to soliciting an act of prostitution).
Note: In California, prostitution is defined as sexual intercourse for a fee, while Penal Code 273(b) covers asking for, offering, or providing lewd conduct for a fee. Lewd conduct is more broadly defined than intercourse, and the statute is not divisible.
CRIMES OF MORAL TURPITUDE " NATURE OF CONVICTION " CATEGORICAL ANALYSIS
Matter of Silva-Trevino, 26 I&N Dec. 550 (A.G. Apr. 10, 2015) (immigration adjudicators are no longer allowed to go outside the record of conviction to determine whether a conviction constitutes a crime of moral turpitude), vacating 24 I & N Dec 687 (A.G.
JUDICIAL REVIEW " IMMIGRATION JUDGE HAS DISCRETION TO CONTINUE REMOVAL PROCEEDINGS TO ALLOW PENDING DIRECT APPEAL TO BE CONCLUDED
Matter of Montiel, 26 I&N Dec. 555 (BIA Apr. 17, 2015) (immigration judge has discretion to delay removal proceedings, where warranted, pending the adjudication of a direct appeal of a criminal conviction); following Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012).
Cal Crim Def 21.24, 20.28
Note: There is no logical reason why the immigration court does not also have discretion to postpone removal proceedings when other requests for post-conviction relief are pending.
CRIMES OF MORAL TURPITUDE " DEADLY CONDUCT
Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015) (Texas conviction of deadly conduct, in violation of Texas Penal Code 22.05(a), is categorically a crime involving moral turpitude).
AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT " INTENT
Villanueva v. Holder, 784 F.3d 51 (1st Cir. Apr. 24, 2015) (Connecticut conviction for assault in the third degree, under Conn. Gen.Stat. 53a"61, did not constitute a crime of violence aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), where the record of conviction did not indicate the subdivision under which the noncitizen was convicted, since two of the three sections involved only recklessness or negligence which are insufficient intent to constitute a crime of violence under 18 U.S.C. 16).
CRIMES OF MORAL TURPITUDE " PETTY OFFENSE EXCEPTION " CONVICTION BARS NON-LPR CANCELLATION OF REMOVAL EVEN THOUGH IT FITS WITHIN THE PETTY OFFENSE EXCEPTION TO MORAL TURPITUDE INADMISSIBILITY
Hernandez v. Holder, 783 F.3d 189 (4th Cir. Apr. 14, 2015) (deferring to Matter of Cortez Canales, 25 I. & N. Dec. 301, 306"08 (2010), to find noncitizen barred from non-LPR cancellation of removal under INA 240A(b)(1), 8 U.S.C. 1229b(b)(1), due to being removable under INA 237(a)(2)(A)(i), 8 U.S.C. 1227(a)(2)(A)(i), even though the noncitizens only crime fits within the petty offense exception to inadmissibility).
OVERVIEW " REMOVAL PROCEEDINGS " EVIDENCE " POLICE REPORTS
Arias-Minaya v. Holder, 779 F.3d 49 (1st Cir. Feb. 27, 2015) (immigration judge is not barred from considering police reports containing hearsay in determining whether noncitizen deserves relief as a matter of discretion, even where noncitizen was never convicted), citing Paredes"Urrestarazu v. INS, 36 F.3d 801, 810 (9th Cir.1994); Parcham v. INS, 769 F.2d 1001, 1005 (4th Cir.1985).
CONVICTION " NATURE OF CONVICTION -- CATEGORICAL ANALYSIS " DIVISIBILITY " INCONCLUSIVE RECORD " MINIMUM CONDUCT
Villanueva v. Holder, 784 F.3d 51, 54 (1st Cir. Apr. 24, 2015) (If those documents are inconclusive, then we must discard the modified categorical approach and determine whether all of the alternative means of committing the predicate crime fit within the federal definition of the generic offense.).
MORAL TURPITUDE " MISPRISION OF A FELONY
Lugo v. Holder, 783 F.3d 119 (2d Cir. Apr. 9, 2015) (remanding to BIA to determine whether to continue to adhere to Matter of Robles"Urrea, 24 I. & N. Dec. 22 (BIA 2006), holding that conviction of misprision of a felony, under 18 U.S.C. 4, is still a crime of moral turpitude in light of circuit split), citing Itani v. Ashcroft, 298 F.3d 1213, 1216 (11th Cir.2002), and Robles"Urrea v. Holder, 678 F.3d 702, 711 (9th Cir. 2012).